Terms & Conditions

Please read these terms and conditions of use carefully before using this site.

These Terms of Use are applicable to the https://jointheflyover.com/ website and any subpages or other websites owned or operated by The Flyover  (collectively “we”, “us” or “our”) or any of our subsidiaries and affiliates, including Communities as defined below (collectively, the “Site”).  By accessing or using the Site, you are agreeing to these Terms of Use and the Privacy Policy. If you do not accept these Terms of Use or the Privacy Policy, do not access or otherwise use the Site, any services available through the Site, or any information contained on the Site.

We may revise and update these Terms of Use, our Privacy Policy, and the content provided on the Site at any time. We will post the updated Terms of Use or Privacy Policy on the Site after such changes are made. Your continued use of this Site constitutes your acceptance of the new terms.

Please pay particular attention to the following provisions when you review these policies as these terms survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitation on Liability, User Submissions, The Online Communities, Indemnity, General, Jurisdiction and Arbitration, and Complete Agreement.

Use of Content

You may view the Site without any need to register with us. If you want to request additional information or be added to our distribution lists, you will be asked to submit certain information, including your name and email address. Once you have submitted your request, we have the right to approve or reject your request in our sole discretion.

This Site and any and all content on or available throughout the Site, including without limitation, text, graphics, images, software, audio, video, information, data materials, products, and services (collectively, the “Content”) is owned by us or our content providers. Subject to these Terms of Use, the Content is protected by copyright under both United States and foreign laws and international treaties. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws or the rights of third parties. You may not modify copy, edit, distribute, transmit, perform, reproduce, publish, license, create derivative works of, alter, enhance, reverse engineer, transfer, sell or in any way exploit the Content or the Site without our prior written permission. Content and features are subject to change or terminate without notice at our sole and exclusive editorial discretion. All rights not expressly granted herein are reserved to us. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Limitation on Liability

THIS SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. WE AND OUR AFFILIATES, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WE, OUR AFFILIATES, LICENSORS AND SUPPLIERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, TRUTHFUL OR CURRENT. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. It is your responsibility to evaluate the accuracy and completeness of all information, opinions, and other material on this Site or any website with which it is linked. All information and promotions are subject to change without notice. Without limiting the foregoing, we and our affiliates, licensors and suppliers make no representations or warranties about the following: the software, text, graphics, links, or communications provided on or through the use of this Site or related material from us or the satisfaction of any government regulations requiring disclosure of information on any products with regard to the Content contained on this Site.

In no event will we, our affiliates, licensors, suppliers, or any third parties mentioned on this Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content, or damage to your computer system due to viruses or other defects, whether based on warranty, contract, tort or any other legal theory, whether or not we advised you of the possibility of such damages. We are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content or Communities (as defined below) or for any other breach by you of these Terms of Use. Any claims arising in connection with your use of the Site, any Content or the Communities must be brought within one (1) year of the date of the event giving rise to such action occurred, regardless of when such event becomes known. Any action not brought within one year from the date of the triggering event will be barred, without regard to any other statute of limitations established by law.  Your remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use. Because some jurisdiction do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. However, in no event will our total, aggregate liability to you exceed $100.

Indemnity

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, your submissions or content to the Site or Communities, your violation of any rights of another or applicable laws and regulations, or your use of any content on or accessible through the Site.

User Submissions

You acknowledge that you are responsible for any information, opinions, messages, comments, and content that you submit, post, or otherwise make available on or through the Site and our Communities, as defined below (“Submission”). You may not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner, and the burden in determining whether any material is protected is on you. You are solely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your Submission.

By voluntarily submitting any information, communications, or content (including, but not limited to, photos, videos, personal stories, anecdotes and jokes) to this Site or Communities (as defined below), you are also agreeing that such Submissions are non-confidential for all purposes and you grant us and our affiliates and partners worldwide an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sub-licensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submission and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party, and the right to include your name and city of residence in connection with any such use. Each Submission is also subject to such other terms and conditions as any of the affiliates and partners may specify for particular submissions.  The submission of any Submission in no way creates any obligation or duty on our part or the part of any affiliate and partner to post or use such Submission or, if we do so, to give you credit. We may contact you via phone, email or mail regarding your submission.

Except for any personal information we may collect from you in accordance with our Privacy Policy, all remarks, suggestions, comments, questions, or ideas that you communicate to us through this Site, or by letter, email, telephone or otherwise (collectively, “Feedback”) suggesting or recommending changes to the Site, any products described on the Site or Content will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, racially, ethnically or otherwise offensive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; disseminate any unsolicited or unauthorized advertising or promotional materials; use any robot, spider, scraper or other automated means to access the Site; or alter the opinions or comments posted by others on the Site. This list of prohibitions is not complete or exclusive.

We reserve the right, but are not obligated, to: (1) investigate any allegation that Content or a Submission does not conform to the Terms of Use; (2) remove any Content or Submission; (2) terminate a user’s access to the Site or Communities for any reason; and (3) record the dialogue submitted through the Site or Communities.

We reserve the right to take any action we deem necessary to protect the personal safety of our users or the public. We have no liability or responsibility to users of this Site or the Communities or any other person or entity for performance or nonperformance of the aforementioned activities.

Children’s Privacy

We are committed to protecting the privacy of children. The Site is not intended or designed to attract children younger than 18. We do not collect personally identifiable information from any person we actually know is a child younger than 18. To further learn about our privacy commitment, please refer to the Privacy Policy.

By using the Site, you represent, acknowledge, and agree that you are at least 18 years old. If you are not 18 years old, but are at least 13 years old (a “Minor”), you are using the Site with the consent of your parent or legal guardian. If you are the parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms of Use and to fully indemnify and hold us harmless if the Minor breaches any of the Terms of Use. Children under 13 years of age may not use the Site at any time or in any manner or submit any information to the Site.

DMCA Notice and Customer Care 

You agree you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. You should notify us promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third-party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please contact us at the addresses listed at the end of these Terms of Use for any copyright infringement notices or concerns. It is our policy to terminate contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Online Communities

Various online communities, such as distribution lists and other public forums (collectively, the “Communities”) may be available within the Site. The Communities are a service intended to provide a forum for the free-flowing exchange of information and opinions. These Terms of Use apply to Communities. Specifically, we are not responsible for the consequences of any communications made through the Communities. In cases where you feel threatened or believe someone else is in danger, you should take appropriate action such as contacting your local law enforcement agency immediately.

Advertisements and Links to Other Sites

The Site may have links to other websites that are not controlled or operated by us (“Third Party Sites”). We do not endorse the content on any Third Party Sites. We are not responsible for the content of linked Third Party Sites, indexes or directories, sites framed within this Site, or third-party advertisements, and do not make any representations regarding their content, accuracy or non-infringement. We do not endorse any product linked on the Site. Your use of Third Party Sites is at your own risk and subject to the terms of use of use for such sites. You should be aware both the terms of use and the privacy policies of linked sites may differ from ours.

Trademarks

The tradenames, logos, titles, designs and trademarks under which we and our affiliates operate are trademarks of us, our affiliates or licensors and are all proprietary to their respective owners. Except as may be specifically permitted in accordance with these Terms of Use, any use of such names, tradenames, logos, titles, designs and trademarks is strictly prohibited without the prior written consent of their respective owners.

General

If any provision of these Terms of Use or our Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitation on Liability, User Submissions, The Online Communities, Indemnity, General, Jurisdiction, and Complete Agreement.

Jurisdiction and Arbitration

We are a United States entity and not subject to, nor do we comply with, the laws and restrictions of any foreign jurisdiction.  Your use of our Site constitutes your consent and agreement to be bound solely by the laws of the United States and those of State of Florida. We make no claim the Content is appropriate or may be downloaded outside of the United States. Access to and contact or input to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Except for temporary, preliminary, or permanent injunctive relief or any other form of equitable relief, any and all disputes, controversies, claims, breaches, and conflicts arising out of or in connection with this Agreement or its performance, including: disputes regarding the fees and costs charged pursuant to this Agreement; the formation, construction, performance, applicability, interpretation, or enforceability of this Agreement; or any claim or assertion that all or part of this Agreement is void or voidable; shall be resolved by arbitration by a single arbitrator agreed upon by the parties and administered by the Judicial Arbiter Group, Inc. (“JAG”) in Denver, Colorado. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration provision. By agreeing to Arbitration, each Party irrevocably and unconditionally waives to the fullest extent possible by law, any right it might have to a trial by jury in any legal action, proceeding, cause of action or counterclaim arising out of or relating to this Agreement. The arbitration shall be conducted on a confidential basis and the fact of the dispute as well as the arbitration proceeding itself, and any decision or award issued as a result of such arbitration, shall all be confidential. Any decision or award shall be in writing and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. No party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute arising from or in relation to this Agreement except in connection with injunctive relief or the recognition and enforcement of an arbitral award granted pursuant to this clause. Any award rendered by the Arbitrator may be confirmed by any state or federal court of competent jurisdiction, and shall be enforceable as an order of said court.  In any action or arbitration brought under this Agreement, in addition to any other relief to which the party or parties determined by the Arbitrator to have substantially prevailed is entitled (the “Prevailing Party” – provided that the Arbitrator may also decide that there is no Prevailing Party), the Prevailing Party is also entitled to recover, and the non-Prevailing Party shall pay, (a) all reasonable attorneys’ fees of the Prevailing Party, including fees incurred in any action to compel arbitration or to confirm an award, (b)  court or arbitration costs of the Prevailing Party, and (c) expenses of the Prevailing Party, even if not recoverable by law as court costs (including, without limitation, all fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that action, arbitration or proceeding and all appellate proceedings. For purposes of this Section, the term “attorneys’ fees” includes, without limitation, paralegal fees, investigative fees, expert witness fees, administrative costs, disbursements, and all other charges billed by legal counsel for the Prevailing Party. The Parties agree any action in relation to an alleged breach of this Agreement shall be commenced within one (1) year from the date the breach is discovered. Any action not brought within that one-year time period shall be barred, without regard to any other limitations period set forth by law or statute.

These Terms of Use, the Privacy Policy, the Site, and the use of information (including personally identifiable information) provided or accessible through the Site, are otherwise governed by the internal substantive laws of the State of Florida without regard to its conflict of laws provision. Any claim relating to the site or your use of it will be governed by the laws of the State of Florida and applicable United States federal law.  Foreign laws do not apply. By using this Site, you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Site will be in the state or federal courts located in Colorado, applying Florida Law.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use and our Privacy Policy constitutes the entire agreement between you and us with respect to the use of this Site, and Content. Your use of this Site is also subject to our Privacy Policy.

 Contact Us

Thank you for your cooperation. We hope you find this Site helpful and convenient to use.

If you have questions or comments regarding this Site or these Terms of Use, please send us a message using the Contact Us section on this Site or:

By email to contact@theflyover.kinsta.cloud      

Or by post to: 1910 Thomes Ave. Cheyenne WY 82001 Last Updated February 2023